Additional comments from Senator Lidia Thorpe

Self-determination

While the government acknowledged that the Stronger Futures legislation packages disempowered First Nations communities, it has, in the course of this inquiry, and the events unfolding over the last months, become clear that the transition process away from Stronger Futures was also a disempowering process ignoring First Nations rights to self-determination.

It has become evident that consultation around what measures should be put in place to support communities in the transition after Stronger Futures was insufficient and inadequate, and any support measures themselves.

I fully support the Committee’s acknowledgement of the importance of local, community-led initiatives. As a Country, we have a long way to go to make this a reality.

I would therefore like to stress the two matters at the heart of ensuring First Nations self‑determination.

Firstly, as a country, we need a Treaty/ Treaties with First Nations people. Treaty is the long-overdue end to the war declared on First Nations people at the invasion of these lands. It would acknowledge that First Nations Sovereignty was never ceded and be the framework going forward, enabling us to address the underlying oppression and injustices our society was built upon. Treaty can create true systemic change to allow much needed healing. Treaty is what First Nations people in this country have been calling for ever since invasion, and it is the way to create a joint, brighter future in this country.

Secondly, but importantly particularly in the absence of a Treaty with First Nations people in this country, it is important that the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) be enacted in this country. While Australia officially adopted the UNDRIP in 2009, its record on respecting First Nations rights is abhorrent.

The principle of Free, Prior and Informed Consent (FPIC) of First Nations people is of particular importance to ensure First Nations self-determination as well as best outcomes for First Nations people, culture and Country.

The evidence presented in this inquiry clearly showed that consultations around the sunsetting of the Stronger Futures legislation was limited, insufficient and highly focused on peak bodies. It did not fulfil the requirements of FPIC.

First Nations approach to health

I would like to comment further on Recommendation 4 of the committee which requests for the review of funding arrangements with service providers to ensure they are fit for purpose, including, among other factors, embedding holistic health approaches to service provision supporting First Nations communities’ social, emotional and cultural wellbeing.

According to a definition from the National Aboriginal and Islander Health Organisation in 1989, ‘Aboriginal health means not just the physical well-being of an individual but refers to the social, emotional and cultural well-being of the whole community in which each individual is able to achieve their full potential as a human being, thereby bringing about a total well‑being of their community. It is the whole-of-life view and includes the cyclical concept of life-death-life.’

This is a holistic health approach different to the western health approach dominant in our society. It means that an individual’s health is inseparable from that of the wider community as we are all connected. Forced separation from our children, culture, community and Country over many generations has contributed to the state First Nations communities and individuals find themselves in. This ‘gap’ in our health and socio-economic factors, in the language of governments, cannot be closed without acknowledging the importance of Country, culture and community to First Nations people and letting our communities come together to self-determine, and to heal on our own terms.

Data Sovereignty

Recommendation 5 relates to the prioritisation of sharing of real-time data and information, with consent, to enable the government to deliver initiatives and responses in communities. Consent and the maintenance of First Nations data Sovereignty is essential in this aspect to ensure any data obtained benefits those it belongs to.

This matter closely relates to FPIC and it is essential that communities fully understand the matter at hand, or otherwise no real consent is possible. For this to occur, it is essential that the principle of FPIC is followed and that information is provided in easily accessible formats and that translators are available, particularly in communities with low English literacy.

Housing

Though a recurrent challenge facing communities, particularly remote communities in the Northern Territory, the committee has fallen short on making a recommendation around housing. It has become clear that there is a lack of housing and common situations of inadequate housing standards, including but not limited to over-crowding.

There is need for investment in the quality of housing as well as the need for increased investment in housing stock particularly housing on homelands, which the Northern Territory government does not currently sufficiently invest in. Maningrida Traditional Owners pointed out that this would encourage Traditional Owners and families to Country, reducing challenges experienced in communities. Again, for any solution going forward, it is paramount for it to be community driven to ensure the best possible outcomes and respect the rights of First Nations people to self-determination.

Senator Lidia Thorpe